Law on the Status and Working Conditions of the Members of the European Parliament Elected in the Republic of Lithuania


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official translation
 
 
 
REPUBLIC OF LITHUANIA
 
LAW
 
ON THE STATUS AND WORKING CONDITIONS OF
 
THE MEMBERS OF THE EUROPEAN PARLIAMENT
 
ELECTED IN THE REPUBLIC OF LITHUANIA
 
 
 
17 February 2004 No. IX-2025 Vilnius
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
1. This Law shall establish a status, working conditions and social guarantees of a Member of the European Parliament elected in the Republic of Lithuania (hereinafter referred to as a “Member of the European Parliament), in the Republic of Lithuania when he carries out the functions of a Member of the European Parliament.
2. The provisions of this Law shall apply to Members of the European Parliament in so far as the European Union legislation does not regulate the issues relating to the status, working conditions, social guarantees of the Members of the European Parliament, as well as other issues relating to their activities in the European Parliament.
3. The provisions of this Law shall apply to Members of the European Parliament from the moment of issuing of a certificate of a Member of the European Parliament, elected in the Republic of Lithuania, till the end of a Member’s of the European Parliament term of office. A Member of the European Parliament shall remain in office until the opening of the first sitting of Parliament following the elections or on other grounds established by the legal acts of the European Union.
 
Article 2. Certificate and Diplomatic Passport of a Member of the European Parliament
1. The status and the rights of a member of the European Parliament, defined in this Law, other legal acts and treaties of the Republic of Lithuania and the European Union, shall be confirmed by a certificate of a member of the European Parliament.
2. A certificate of a member of the European Parliament elected in the Republic of Lithuania may not be issued to a person who fails to meet the requirements laid down in Article 5 of this Law.
3. When a certificate of a member of the European Parliament elected in the Republic of Lithuania is issued to a person, a diplomatic passport of the Republic of Lithuania shall be issued to the said person for the tenure of his office.
 
Article 3. Rights of a Member of the European Parliament in the Republic of Lithuania
A Member of the European Parliament shall have the right:
1) to directly apply to State and municipal institutions and agencies for information, and to obtain it, except for the information the access to which is prohibited or restricted in accordance with the procedure established by legal acts;
2) to participate in meetings of all Seimas committees and commissions in an advisory capacity, to submit remarks and proposals orally or in writing;
3) by permission of the Seimas, to take the floor at Seimas plenary sittings and to pose questions for reporters and supplementary reporters;
4) to attend sittings of the Government, other State institutions and agencies at which issues related to his activities in the European Parliament are discussed, except the sittings concerning State, official or commercial secrets the procedure for the consideration whereof is established by legal acts;
5) to organise meetings with voters;
6) to have assistants who work on a voluntary basis;
7) to have other rights and duties established in this Law and other legal acts of the Republic of Lithuania and the European Union.
 
Article 4. Immunity of a Member of the European Parliament
A Member of the European Parliament shall enjoy the same personal immunity in the territory of the Republic of Lithuania as a Member of the Seimas of the Republic of Lithuania, unless otherwise provided for in the European Union legislation.
 
Article 5. Compatibility of the Duties of a Member of the European Parliament
1. The duties of a Member of the European Parliament, except his duties in the European Parliament, shall be incompatible with any other duties in State or municipal institutions or agencies of the Republic of Lithuania. The duties of a Member of the European Parliament shall also be incompatible with any other activities under an employment contract, save for the exception provided for in paragraph 2 of this Article.
2. A Member of the European Parliament may engage in creative activities and receive payment for them.
 
Article 6. Social Guarantees of Members of the European Parliament
Members of the European Parliament shall have the same social guarantees in the Republic of Lithuania as the Members of the Seimas of the Republic of Lithuania. A Member of the European Parliament shall not be entitled to the social guarantees established by legal acts of the Republic of Lithuania, if the appropriate guarantees are not granted to a Member of the European Parliament in accordance with the European Union legislation.
 
CHAPTER TWO
WORKING CONDITIONS OF MemberS of the European Parliament
 
Article 7. Allocation of Offices
1. Temporary offices in a building of the Seimas of the Republic of Lithuania shall be made available to Members of the European Parliament, who carry out the functions related to the activities of the European Parliament, during their stay in the said building.
2. The premises for holding meetings and receiving voters shall be allocated by local authorities to Members of the European Parliament for a duration of the work with voters. The said premises shall be allocated free of charge (local authorities shall pay for cold and hot water, electricity, gas, heat and other public utilities).
 
Article 8. Use of Official Vehicles
The Seimas Board shall lay down a procedure for the use of the vehicles of the Seimas of the Republic of Lithuania to carry out the functions of a Member of the European Parliament, and the payment for them.
 
CHAPTER THREE
SALARIES AND EXPENSES OF
MemberS of the European Parliament
 
Article 9. Salary of a Member of the European Parliament
1. A Member of the European Parliament shall each month be paid from the State budget a salary equal to the salary of a Member of the Seimas of the Republic of Lithuania, unless otherwise provided for in legal acts of the European Union.
2. Changes of the amount of salaries of Members of the European Parliament shall become valid only from the opening of the first sitting of the European Parliament following the elections.
3. If detention is imposed on a Member of the European Parliament in the manner prescribed by law, a salary shall not be paid to him for the whole duration of detention. When pre-trial investigation regarding a Member of the European Parliament or legal proceedings in which a Member of the European Parliament is a defendant is terminated in the manner prescribed by the Code of Criminal Procedure of the Republic of Lithuania, or a Member of the European Parliament is acquitted by a court’s judgement, he shall, not later tan within 5 working days, be paid the whole amount of the salary which he has not received due to detention.
4. If arrest, imprisonment for a certain fixed term or life imprisonment is imposed on a Member of the European Parliament by a court’s judgement, a salary of a Member of the European Parliament shall not be paid to him for the whole duration of such sentence. When the judgement is quashed and the sentenced person is acquitted or the judgement is quashed and the case is discontinued, a Member of the European Parliament shall, not later than within 5 working days, be paid the whole amount of the salary of a Member of the European Parliament which he has not received when serving the sentence of arrest or imprisonment.
 
Article 10. Reimbursement for Expenses of a Member of the European Parliament
All travel expenses related to the performance of the duties of a Member of the European Parliament (from a place of residence of a Member of the European Parliament to the Seimas of the Republic of Lithuania) as well as other expenses shall be paid from the State budget of the Republic of Lithuania, if such expenses are not compensated from the budget of the European Union. 
 
Article 11. Right of Members of the European Parliament to be Reinstated in the Former Office
1. Upon the end of the term of office of a Member of the European Parliament, as well as upon the resignation of a Member of the European Parliament, he shall have the right to be reinstated in the former office in accordance with the procedure established by the Law on Public Service.
2. The time of parliamentary activities of a Member of the European Parliament shall be included in the length of service of various types.
3. Upon the termination of office of a Member of the European Parliament, he shall be paid a severance pay. Such pay shall be equal to the amount of such a number of average monthly salaries of a Member of the European Parliament, as the number of years of his continuous term of office at the European Parliament. The amount must not be less than 2 and more than 6 average monthly salaries of a Member of the European Parliament.
4. A severance pay shall be paid to a Member of the European Parliament from the State budget only in the event if a salary is paid to him from the State budget.
 
CHAPTER FOUR
FINAL PROVISIONS
 
Article 12. Co-operation of Institutions in Order to Ensure the Status of a Member of the European Parliament
1. The Office of the Seimas and the director of the municipal administration shall, in compliance with this Law, provide working conditions, established in this Law, for Members of the European Parliament.
2. The diplomatic missions of the Republic of Lithuania in foreign countries must render assistance to Members of the European Parliament during their business trips in an appropriate foreign country.
3. The appropriate divisions of the Office of the Seimas of the Republic of Lithuania shall manage social insurance and other personal documents of Members of the European Parliament, pertaining to the implementation of the working conditions and social guarantees provided for in this Law.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
PRESIDENT OF THE REPUBLIC                                                ROLANDAS PAKSAS
 
Annex to Law of
the Republic of Lithuania No. IX-2025
of 17 February 2004
 
 
THE LEGAL ACTS OF THE EUROPEAN UNION
THAT ARE BEING IMPLEMENTED
 
 
1. The Treaty Establishing the European Community of 25 March 1957.
2. The Protocol on the Privileges and Immunities of the European Communities annexed to the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities.
3. 76/787/ECSC, EEC, Euratom: Decision of 20 September 1976 of the representatives of the Member States meeting in the council relating to the Act concerning
the election of the representatives of the Assembly by direct universal suffrage.
4. Annexes to the Rules governing the payment of expenses and allowances to Members, approved by the Bureau of the European Parliament on 13 December 1988.
5. 2002/772/EC, Euratom: Council Decision of 25 June 2002 and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom.
6. The Rules of Procedure of the European Parliament of 5 March 2003.